Hon’ble Imtiyaz Murtaza, J.—In the present appeal judgment and order dated 20.9.2007 passed by Additional Sessions Judge, Court No. 2, Barabanki in Sessions Trial No. 103-A of 1998 has been challenged by means of which appellant Kamlesh has been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5000/- and in default of payment of fine, further imprisonment for six months and under Section 323/34 IPC to undergo six months’ R.I.

2. Briefly stated, according to the prosecution case, on 6.4.1997 at about 5-20 p.m in village Chilauki, P.S. Safdarganj, the informant’s brother Shiv Kumar was grazing cattle at the outskirts of the village in Kasahi grove. Kamlesh and Durbal, who were also present there, accused Shiv Kumar that he had scared away the bees on account of which they were got stung by them. Over this matter, some altercation took place which was seen by Arvind Kumar alias Devari and Suresh. Kamlesh and Durbal went towards their house threatening Shiv Kumar. Shiv Kumar being frightened was returning home. Having heard about the said altercation from Suresh, the informant, his mother Sundara, Ajay Kumar and Santram were g